Amendments, Modifications and Waivers to Collateral Loans Sample Clauses

Amendments, Modifications and Waivers to Collateral Loans. (a) In the performance of its obligations hereunder, the Borrower may enter into any amendment or waiver of or supplement to any Related Contract; provided that (1) the prior written consent of the Majority Lenders to any such amendment, waiver or supplement shall be required if (i) an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement, (ii) such amendment, waiver or supplement, individually or together with all other such amendments, waivers and/or supplements, would result in a Material Adverse Effect or (iii) such amendment, waiver or supplement constitutes a Specified Change; provided that (A) in the case of clauses (ii) and (iii) above, if the Borrower notifies the Administrative Agent of the proposed amendment, waiver or supplement and the Administrative Agent (at the direction of the Majority Lenders) does not object within 15 Business Days after written notice thereof is provided to the Administrative Agent, the proposed amendment, waiver or supplement will be deemed to have been consented to by the Administrative Agent (at the direction of the Majority Lenders) and (B) in the case of clause (iii) above, during the Reinvestment Period such prior written consent shall not be required if (x) the relevant Collateral Loan after giving effect to the Specified Change would be eligible to be originated or acquired by the Borrower (without regard to the Concentration Limitations) in accordance with the terms of this Agreement and (y) no Default shall have occurred and be continuing; (2) the Borrower has notified S&P of any such amendment, waiver or supplement that constitutes a Specified Change, including by way of specifying such amendment, waiver or supplement in the Collateral Report and (3) the Borrower may not enter into any such amendment, waiver or supplement that would result in the Minimum Weighted Average Spread Test not being satisfied (or if not satisfied at such time, being worsened) after giving effect to such amendment, waiver or supplement.
AutoNDA by SimpleDocs
Amendments, Modifications and Waivers to Collateral Loans. (a) In the performance of its obligations hereunder, the Borrower may enter into any amendment or waiver of or supplement to any Related Contract; provided that the prior written consent of the Majority Lenders to any such amendment, waiver or supplement shall be required if (i) an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement or (ii) such amendment, waiver or supplement constitutes a Specified Change; provided that (A) in the case of clause (ii) above, if the Borrower notifies the Administrative Agent of the proposed amendment, waiver or supplement and the Administrative Agent (at the direction of the Majority Lenders) does not object within 15 Business Days after written notice thereof is provided to the Lenders, the proposed amendment, waiver or supplement will be deemed to have been consented to by the Administrative Agent (at the direction of the Majority Lenders) and (B) in the case of clause (ii) above, during the Reinvestment Period such prior written consent shall not be required if the relevant Collateral Loan after giving effect to the Specified Change would be eligible to be acquired by the Borrower (without regard to the Concentration Limitations) in accordance with the terms of this Agreement and no Default shall have occurred and be continuing.
Amendments, Modifications and Waivers to Collateral Loans. (a) In the performance of its obligations hereunder, the Borrower (or the Servicer on its behalf) may enter into any amendment or waiver of or supplement to any Related Contract; provided that if (i) an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement, (ii) such amendment, waiver or supplement, individually or together with all other such amendments, waivers and/or supplements, would result in a Material Adverse Effect or (iii) such amendment, waiver or supplement constitutes a Specified Change and in each such case, subject to Sections 5.19(b) and (c), the Servicer, in accordance with the Servicing Standard, determines such proposed amendment, waiver or supplement is reasonably advisable or necessary to preserve the value of such Collateral Loan may direct the Borrower to enter into such amendment, waiver or supplement and, if the Borrower enters into such proposed amendment, waiver or supplement, the relevant Collateral Loan shall be treated as a Defaulted Loan for purposes of the Principal Collateralization Amount until the Administrative Agent (at the direction of the Controlling Parties) consents to such amendment, waiver or supplement; provided further that in the case of clause (iii) above, the Administrative Agent shall use commercially reasonable efforts to provide either consent or rejection (at the direction of the Controlling Parties) to such amendment, waiver or supplement within seven (7) Business Days of receipt of notice of such amendment, waiver or supplement and failure of the Administrative Agent to respond shall be deemed a rejection of such amendment, waiver or supplement.
Amendments, Modifications and Waivers to Collateral Loans. (a) In the performance of its obligations hereunder, the Borrower may enter into any amendment or waiver of or supplement to any Related Contract; provided that the prior written consent of the Majority Lenders to any such amendment, waiver or supplement shall be required if an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement.
Amendments, Modifications and Waivers to Collateral Loans. (a) In the performance of its obligations hereunder, the Borrower may enter into any amendment or waiver of or supplement to any Underlying Instrument or Related Contract; provided that (1) the prior written consent of the Majority Lenders to any such amendment, waiver or supplement shall be required if (i) an Event of Default has occurred and is continuing or would result from such amendment, waiver or supplement, (ii) such amendment, waiver or supplement, individually or together with all other such amendments, waivers and/or supplements, would result in a Material Adverse Effect or (iii) such amendment, waiver or supplement constitutes a Specified Change, (2) the Borrower has notified DBRS of any such amendment, waiver or supplement and (3) the Borrower may not enter into any such amendment, waiver or supplement that would result in the Minimum Weighted Average Coupon Test or the Minimum Weighted Average Spread Test not being satisfied (or if not satisfied at such time, being worsened) after giving effect to such amendment, waiver or supplement.
Amendments, Modifications and Waivers to Collateral Loans. 77 SECTION 5.20 HEDGING. 78 SECTION 5.21 TITLE COVENANTS. 78 SECTION 5.22 FURTHER ASSURANCES. 79 SECTION 5.23 COSTS OF TRANSFER; TAXES; AND EXPENSES. 79 SECTION 5.24 COLLATERAL AGENT MAY PERFORM. 79 SECTION 5.25 NOTICE OF NAME CHANGE. 80 SECTION 5.26 STAMP AND OTHER SIMILAR TAXES. 80 SECTION 5.27 FILING FEES, EXCISE TAXES, ETC. 80 SECTION 5.28 [RESERVED]. 80 SECTION 5.29 DELIVERY OF PROCEEDS. 80 SECTION 5.30 PERFORMANCE OF OBLIGATIONS. 81 SECTION 5.31 LIMITATION ON DIVIDENDS. 81 SECTION 5.32 [RESERVED]. 81 SECTION 5.33 ANNUAL RATING REVIEW. 81 SECTION 5.34 COLLATERAL MANAGEMENT AGREEMENT; MASTER TRANSFER AGREEMENT. 81 SECTION 5.35 TRANSACTIONS WITH AFFILIATES. 81

Related to Amendments, Modifications and Waivers to Collateral Loans

  • Modifications and Waiver Except as provided in Section 17 above with respect to changes in Delaware law which broaden the right of Indemnitee to be indemnified by the Company, no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement (whether or not similar), nor shall such waiver constitute a continuing waiver.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!